Can I get a plastic cup with that?

Almost everywhere in the United States it is illegal to drink in public. That is, it is illegal to have an open container of alcohol on public streets and even in parks. Really, isn’t drinking in a bar “in public?” If not, the paparazzi would not be able to capture so many celebrities imbibing to the point of self-destruction.

This is a hold over from the prohibition years. All those merry picnickers in the park with a romantic wine and cheese spread? They’re criminals.

In most places the police have better things to do and simply do not enforce the law. In Key West, for example, it is common to pour any drink into a plastic cup and walk up and down Duval, directly in front of police. It is not legal, but the law is not enforced to the point that bars sell drinks in plastic cups just off of the sidewalk. In some localities (New Orleans, Las Vegas) it is actually legal to have open containers as you walk along the streets.

In other countries, it is still legal to drink in public. People may take their wine or beer to the park for a picnic without fear of being arrested. Soon, however, the UK may follow in the footsteps of the United States and outlaw drinking in public. Cities are proposing to ban public drinking purportedly to prevent street fights and other hooligan behavior.

We question whether a ban will actually work its intended effect, or just make criminals out of otherwise law abiding citizens. Binge drinking will still occur in the bars, and patrons will still spill out into the streets inebriated, and, perhaps, ready to fight.

Are these laws actually intended to prevent public drunkenness? Would it not make more sense to make the bad behavior illegal, rather than criminalize a picnic?